Proximate Cause in Dental Malpractice

November 3, 2014 |

Submitted by New Jersey Malpractice Attorney, Jeffrey Hark 29-2-4812 Demarco v. Katz, App. Div. (Fuentes, J.A.D.) (16 pp.) In this case the appellate division reviews the trial court’s retain of a ‘hybrid’ jury charge addressing proximate cause.  The issue was whether a dentist’s negligence was the “substantial factor in bringing about the resulting injury.” The court found no discernible error with the…

She said…he said: Hearsay and Lay Opinions

October 30, 2014 |

Submitted by New Jersey Civil Attorney, Jeffrey Hark This blog discusses Aiges v. Fuccillo decided October 14, 2014 by the Appellate Division. Thisis a case that concerns admissibility of lay person statements. The plaintiff was dog-sitting when she was bitten by the defendant’s dog. The defendant presented testimony from the nurse who treated the plaintiff…

Man gets 19 years in death of Millville policeman

October 27, 2014 |

Submitted by Jeffrey Hark, New Jersey Criminal Attorney representing Timothy Seidel Originally published here by Press of Atlantic City BRIDGETON — Timothy Seidel was sentenced Friday to 19 years in state prison for causing the on-duty death of Millville police officer Christopher Reeves and the severe injuring of a fellow patrolman two years ago. Superior…

Driver gets 19 years in death of Millville officer

October 25, 2014 |

Submitted by Jeffrey Hark, attorney representing Timothy Seidel BRIDGETON – The mother of a Millville police officer killed in a violent crash two years ago told a packed courtroom Friday the driver responsible took away a son, father, husband and “a police officer who really did want to help.” Superior Court Judge Robert Malestein sentenced…

Cumberland County man sentenced to 19 years in crash that killed Millville police officer

October 25, 2014 |

Submitted by Jeffrey Hark, attorney representing Timothy Seidel Timothy Seidel, of Commercial Township, appears in Cumberland County Court on Friday to be sentenced in his connection with the death of Millville Patrolman Christopher Reeves in 2012, October 24, 2014. (Joe Warner | South Jersey Times) BRIDGETON — Timothy Seidel, the Laurel Lake man responsible for a…

As Safety Concerns Grow, More States Ban Use of a Guardrail Unit

October 24, 2014 |

Submitted by Personal Injury Attorney, Jeffrey Hark Originally posted here by the New York Times. Concern over the safety of guardrails manufactured by Trinity Industries spread further on Wednesday as two more states said they would ban the use of the company’s ET-Plus rail head, which is thought to have a dangerous defect. A day…

Guardrail Maker Trinity Industries Liable for Fraud in Texas Guardrail Maker Trinity Industries Liable for Fraud in Texas

October 21, 2014 |

Submitted by Jeffrey Hark, Personal Injury Lawyer Originally published by the New York Times here. Trinity Industries, the highway guardrail maker accused of selling systems that can malfunction during crashes and slice through cars, was found by a jury on Monday to have defrauded the federal government. The case was brought under the False Claims…

Workman’s Compensation and Estimates of Disability

October 21, 2014 |

Submitted by Workman’s Compensation Lawyer, Jeffrey Hark The court in Pitts outlined its decision making process for the estimates of disability based on hearing from two different doctors and their own estimates of disability.  Usually in the Workers Compensation Court setting petitioner’s doctor’s estimates of disability are high while respondent’s doctor’s are extremely low.  As…

Review of Workers Compensation Statute and Proof of Permanency

October 20, 2014 |

Submitted by New Jersey Workman’s Compensation Lawyer, Jeffrey Hark This case represents a recent review of New Jersey’s Workers Compensation Statute and petitioner’s evidentiary burden regarding proof of ‘permanent’ injury.  The following is the court’s discussion of NJSA 34:15-36.  The statute that defines the elements of proof necessary to sustain a compensable injury is N.J.S.A.…

The Prejudicial Straw That Broke The Camel’s Back: State vs. Rivera, October 12, 2014

October 15, 2014 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Prejudicial Events Leading to Mistrial in Criminal Case In trials the defense will fight to suppress evidence that is prejudicial or object to behavior or words from the prosecutor that may prevent their client from receiving a fair trial. Sometimes these single events are so prejudicial or…